A cocaine possession charge in Florida is a serious matter with potentially life-altering consequences. If you or a loved one has been arrested for DRUG1100 Possession of Cocaine in Tampa or Hillsborough County, it’s crucial to understand the charges and your legal rights. This article provides essential information about this charge and why contacting an experienced Tampa criminal defense attorney is your best course of action.
Understanding DRUG1100: Possession of Cocaine in Florida
In Florida, possession of cocaine is a felony offense. The specific charge, DRUG1100, falls under Florida Statute 893.13.1F. Here’s a breakdown:
- Form Code: DRUG1100
- Florida Statute: 893.13.1F (Linking to an external, authoritative source like the Florida Statutes is good for SEO and credibility)
- Level: Felony
- Degree: 3rd Degree (Generally, but see enhancements below)
- Description: Possession of Cocaine
Important Note: While simple possession of cocaine is typically a third-degree felony, Florida law includes enhancements that can increase the severity of the charges. One critical enhancement is detailed in 893.13(1)(f): possessing, selling, manufacturing, or delivering a controlled substance within 1,000 feet of a public housing facility. Cocaine falls under the controlled substances listed in 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., which means that possession within 1,000 feet of public housing automatically elevates the charge to a first-degree felony.
Penalties for Cocaine Possession in Florida:
The penalties for cocaine possession depend on the degree of the felony:
- Third-Degree Felony (DRUG1100 – Standard Possession):
- Up to 5 years in prison.
- Up to 5 years of probation.
- Fines up to $5,000.
- A permanent criminal record.
- Driver’s license suspension.
- First-Degree Felony (Enhanced Charge – within 1,000 feet of Public Housing):
- Up to 30 years in prison.
- Up to 30 years of probation.
- Fines up to $10,000.
Beyond the Direct Penalties:
A felony conviction, even for a third-degree felony, can have devastating long-term consequences:
- Difficulty finding employment: Many employers conduct background checks.
- Housing restrictions: Landlords may deny applications based on a criminal record.
- Loss of professional licenses: Certain professions may revoke licenses due to a felony conviction.
- Immigration consequences: For non-citizens, a drug conviction can lead to deportation or denial of citizenship.
- Loss of civil rights: This can include the right to vote or own a firearm.
Why You Need a Tampa Drug Crimes Defense Attorney:
DRUG1100 Possession of Cocaine is often charged in Hillsborough County. See our list of 250 ways to be charged with drug crimes in Tampa Bay. A skilled criminal defense attorney can make a significant difference in the outcome of your case. Here’s how an attorney can help:
- Investigate the Arrest: An attorney will thoroughly examine the circumstances of your arrest, including the legality of any search and seizure.
- Challenge Evidence: If the evidence was obtained illegally, your attorney can file a motion to suppress it, potentially leading to the charges being dismissed.
- Negotiate with the Prosecutor: An experienced attorney can negotiate with the prosecutor to potentially reduce the charges, secure a plea bargain, or explore options like drug court or diversion programs.
- Build a Strong Defense: Possible defenses include lack of knowledge (you didn’t know the cocaine was there), constructive possession issues (the cocaine wasn’t on your person), and challenging the lab analysis of the substance.
- Protect Your Rights: An attorney ensures your constitutional rights are protected throughout the legal process.
About W.F. “Casey” Ebsary Jr.
Tampa criminal defense attorney W.F. “Casey” Ebsary Jr. has dedicated his career to defending individuals facing drug charges in Florida. (https://drug2go.com/). He is a former drug crimes prosecutor and has a deep understanding of Florida drug laws and a proven track record of success. He is committed to providing aggressive and compassionate representation to his clients. See his qualifications here. (https://drug2go.com/)
Get a Free Consultation – Contact Us Today:
If you or a family member has been charged with DRUG1100 Possession of Cocaine in Tampa, don’t wait to seek legal help. Contact the Law Office of W.F. “Casey” Ebsary Jr. for a free, confidential consultation. Call us at 1-877-793-9290 or fill out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/
You can contact the Law Office of W.F. “Casey” Ebsary Jr. for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).
FAQ: Cocaine Possession Charges (DRUG1100) in Tampa, Florida
DRUG1100 is the Florida code for Possession of Cocaine, a felony offense under Florida Statute 893.13.
Yes, possession of any amount of cocaine is a felony in Florida. Simple possession is typically a third-degree felony, but it can be enhanced to a first-degree felony under certain circumstances, such as possession within 1,000 feet of a public housing facility, school, park, or other designated areas.
The penalties are significantly different. A third-degree felony carries up to 5 years in prison, while a first-degree felony carries up to 30 years in prison.
“Lack of knowledge” can be a valid defense. The prosecution must prove beyond a reasonable doubt that you knowingly possessed the cocaine. If you genuinely were unaware of its presence (e.g., it was in a borrowed car or a friend’s bag), your attorney can argue this.
Constructive possession means the drugs were not found on your person (e.g., in your pocket), but were found in a place where you had control over them (e.g., in your car’s glove compartment). To prove constructive possession, the prosecution must show you knew about the drugs and had the ability to exercise control over them.
If the police violated your Fourth Amendment rights against unreasonable search and seizure, your attorney can file a motion to suppress the evidence. If successful, the evidence (the cocaine) cannot be used against you, and the charges may be dismissed.
Depending on your prior criminal history and the specific circumstances of your case, you may be eligible for a drug court program or a pre-trial intervention (PTI) program. These programs typically involve treatment, counseling, and supervision. Successful completion can result in the charges being dismissed.
Yes, a felony conviction can have a significant impact on your employment prospects. Many employers conduct background checks, and a drug conviction can make it difficult to find a job or maintain professional licenses.
A lawyer can:
Investigate the facts of your case.
Identify legal defenses.
Negotiate with the prosecutor.
Represent you in court.
Protect your rights throughout the process.
Help you understand your options and make informed decisions.
Contact us online or you can reach the Law Office of W.F. “Casey” Ebsary Jr. for a free consultation by calling 813-222-2220.
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| Possession of Cocaine |
If you have been charged with DRUG1100 POSSESSION OF COCAINE you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.
Form Code: DRUG1100
Florida Statute: 893.13.1F
Level: Fel (Felony)
Degree: 3rd
Description: POSSESSION OF COCAINE